Slides in this set

Slide 1

Slide 2

Mens Rea (MR)· `the guilty mind'· The state of mind that is necessary, together with the AR, for a criminal offence to be committed.· Intention can be split into direct and oblique intent.· Recklessness involves taking and unjustifiable risk.…read more

Slide 3

Direct Intent· This is the defendants aim/purpose when committing an act.· They do their very best to bring about the end result. (Mohan 1976)…read more

Slide 4

Oblique Intent Woollin· Oblique = indirect (1998)EXAMPLEBomb on a plane at 30,000 ft ­ Direct intent ­ destroy picture to collect £15 million insurance ­ Oblique intent ­ killing everyone on boardTest for oblique intent· End result is certain or virtually certain AND the defendant realises at the time.…read more

Slide 5

Recklessness· Recklessness means realising the end result is possible and carrying on anyway did the defendant realise? Not ought the defendant to have realised.· Cunningham recklessness (subjective recklessness) prosecution failed to prove he recognised the risk. Therefore they hadn't proved the MR.· Stephenson ­ defendant was a schizophrenic (serious) and a tramp. He slept in a haystack and lit a fire inside. The haystack caught fire. His schizophrenia meant that he didn't realise the consequences.…read more